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OxHRH

Gloucester Resources and Its Radical Implications for Indigenous Environmental Justice

Sakshi Aravind - 18th March 2019

Business & Resources & Environment & Development| Environmental Rights

The decision by New South Wales Land and Environment court, Australia, rejecting the appeal by Gloucester Resources for the proposed Rocky Hill coal mine in Hunter’s Valley, has gathered public interest for all the right reasons (Gloucester Resources v Minister of Planning “Gloucester Resources”). The decision emphasized the incompatibility between new coalmines and Australia’s obligations […]

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Under India’s New Intermediary Rules, Fundamental Rights Take Backstage

Purushotham Kittane - 15th March 2019

Freedom of Expression| Media Privacy and Communications

The Indian Government’s Information Technology Ministry had recently invited comments on proposed amendments to the existing guidelines for intermediaries mainly governing how social networks (and other intermediaries) facilitate the flow of information. Through this, the State seeks to come down harshly on the spread of fake news. This comes to fore as the world’s largest […]

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OxHRH

Should Canadian Citizens Abroad have an Unfettered Right to Vote?

Martin Kwan - 15th March 2019

Right to Vote

Canadian citizens who have resided abroad for five years or more did not have the right to vote in a federal election unless and until they resumed residence in Canada. The constitutionality of this limit on the right to vote was recently challenged in the Supreme Court of Canada’s decision of Frank v. Canada (Attorney […]

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OxHRH

Human Rights in Scotland

Nicole Busby - 14th March 2019

Equality and Non-Discrimination

On 10th December 2018 the First Minister’s Advisory Group on Human Rights Leadership set out its vision for the future of human rights in Scotland. The publication of the Group’s report on International Human Rights Day was the culmination of a participative process which stretched beyond its membership with representation from across civil society. The consideration of how […]

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OxHRH

Indian Supreme Court on Dance Bar Regulations: Victory for Bar Dancers?

Prankul Boobana - 12th March 2019

Equality and Non-Discrimination| Gender Equality| Socio-Economic Rights and Labour Rights

A two-judge bench of the Supreme Court of India (‘SC’) recently relaxed the stringent conditions imposed by the Maharashtra government for obtaining licenses and running dance bars, public establishments which are an important source of livelihood for female dancers. These dancers generally belong to the traditional dancing communities and are following their hereditary occupation. It […]

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OxHRH

Successful Judicial Review of Benefits Payment in the UK

Leonie James - 11th March 2019

Equality and Non-Discrimination

R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work. In this […]

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OxHRH

“Social will” as important as political will for implementing human rights

Azadeh Chalabi - 6th March 2019

Constitutions Institutions and Nation Building

What has been largely overlooked in the human rights theory and practice is what I would call the lack of “social will” as the twin concept of the lack of political will to implement universal human rights. Whereas the lack of political will is concerned with states’ rights practices, the lack of social will is […]

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OxHRH

Madison v. Alabama: Chief Justice Roberts “Takes Back Control” of his Court

Alice Storey - 5th March 2019

Criminal Justice

Last week, the US Supreme Court spared the life of Vernon Madison, at least temporarily, by remanding his case back to the lower court to decide whether his dementia renders him unable to be executed. Whilst this was an important confirmation of death penalty precedent, the decision is perhaps even more interesting for the dynamics […]

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OxHRH

Abidjan’s Roadmap for Free and Quality Public Education

Esteban Hoyos Ceballos - 4th March 2019

Socio-Economic Rights

I had to take three flights and it took me almost 24 hours to get to Abidjan, Ivory Coast, from Medellin, my hometown. Once there, the weather, the music, the food and the roads immediately reminded me of the Colombian coast. I travelled to Abidjan last week and from there to the former capital of the […]

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OxHRH

Lessons from Sir Henry Brooke: Making Rights Real (II)

Jonathan Cooper - 1st March 2019

Religion

In my last post, I argued that the judgment in Gareth Lee v Ashers Bakery is the consequence of the failure to follow a structured human rights assessment. This is why. Gareth Lee is gay and lives in Northern Ireland. Northern Ireland denies gay men and lesbians the right to marry. Gareth went to a […]

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OxHRH

Lessons from Sir Henry Brooke: Making Rights Real (I)

Jonathan Cooper - 1st March 2019

Religion

What if? What if the UK House of Lords (as the UK Supreme Court then was) had left the judgment of Lord Justice Brooke in Begum in the Court of Appeal intact? Brooke LJ in that case held that the school uniform policy of Denbigh High School was unlawful under the Human Rights Act because, […]

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OxHRH

Re: Inhuman conditions in 1382 Prisons – Development in Indian Prisoner’s Rights

Lakshana Ramakrishnan - 27th February 2019

Criminal Justice

In June 2013, Justice R C Lahoti, a retired Chief Justice of the Indian Supreme Court, wrote to the then Chief Justice on overcrowding, unnatural deaths, inadequacy of staff and the inadequate training of staff in the Indian prison system. The letter was admitted as a writ petition through an order passed in July that […]

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